To help with your writing efforts, here’s what people are looking for in Health Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
Blue Cross Blue Shield’s agreement to pay $2.8 billion to resolve antitrust claims against the insurer; key allegations leading up to the proposed settlement; how the company plans to change its claims process under the terms of the settlement; what else stands out to you about this settlement and the overall antitrust case.
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A lawsuit filed against Anthem Blue Cross and Blue Shield over insurance coverage for mental health care; what to know about the No Surprises Act; any related legal, business, or legislative trends of note regarding insurance for mental health care, and overall access to mental health care.
Related information:
https://www.axios.com/2024/10/24/health-coverage-provider-ghost-networks
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The status of a proposed merger deal between UnitedHealth Group and Amedisys; significance of a merger of this magnitude; noteworthy issues that the two companies have had to contend with so far; related antitrust trends; how M&A activity in the insurance and/or healthcare sectors has been faring, either during 2024 in particular or under the Biden administration as a whole.
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A $421 million jury verdict against Blue Cross and Blue Shield of Louisiana over the insurer’s alleged failure to fully pay out-of-network charges; key issues in this case regarding contractual terms and in-network and out-of-network service providers and procedures; what stands out to you about this case (in addition to the size of the jury verdict).
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Lawsuits being filed against major companies over health plan surcharges faced by employees who smoke; key claims in the lawsuits; applicable laws that govern these types of health plan measures; what employers should consider before implementing such surcharges; alternative options for employers and employees concerned about health, wellness, and insurance costs.
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Lawsuits against TikTok and YouTube over alleged harms to young users’ mental health; comparison between the lawsuits against the tech giants in these cases; how this latest wave of lawsuits compares to previous allegations over social media’s impact on young users; status of past filings over this issue; and perhaps some guidance for parents or other caretakers on what to watch out for and how they themselves can limit social media’s unwanted effects on young users.
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Individual coverage health reimbursement arrangements; what these arrangements consist of; how common they are (in the jurisdiction of your choice); what employers or employees should know before switching to this type of health reimbursement arrangement in place of, or in addition to, more common forms of health insurance coverage.
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Lawsuits against insurance companies over their denial of claims for the use of weight-loss drugs; how insurance coverage for this type of drug is trending; any emerging patterns among the lawsuits; grounds for discrimination allegations; any noteworthy settlements or verdicts in disputes over this type of coverage; what to know about insurance policies’ obesity exclusion; alternative options for individuals or employers.
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Last week’s administrative complaint by the Federal Trade Commission against the three leading prescription drug benefit managers over alleged anticompetitive and unfair rebating practices; how these practices allegedly harmed patients and affected their access to affordable medication; types of medication at issue in the FTC complaint; potential of drug manufacturers facing FTC enforcement actions over drug prices; related Biden administration trends involving the cost of prescription drugs.
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Final rules from the Biden administration regarding mental health services; the rules’ intent and effective date; the regulations’ potential impact on individuals, the insurance industry, or employers; prospects for industry litigation challenging the final rules; what else to know about the 2008 Mental Health Parity and Addiction Equity Act.
Related information:
https://www.cnn.com/2024/09/09/health/mental-health-parity-rule/index.html
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False Claims Act trends and related guidance; how settlements and recoveries are trending; takeaways from noteworthy FCA enforcement actions; how a healthcare entity should respond if on the receiving end of a civil investigative demand.
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How employee disabilities can affect commutes to work and lead to accommodation requests; related rights under the Americans with Disabilities Act; additional issues for employers to consider in such an instance; any instructive court cases dealing with these issues.
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Post-traumatic stress and its implications for employers, whether the PTSD is stemming from ongoing or out-of-the-ordinary work duties or interactions, domestic situations, violence in the workplace, past combat experience in the military, or other incidents or experiences. What should managers and employers know about PTSD, employee rights, employer best practices or legal obligations, related laws and enforcement trends, and more?
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A federal judge’s ruling that Tennessee’s Medicaid program unlawfully terminated health care coverage for thousands of Tennesseans; key points in the ruling; what insureds or potential insureds should do if they think they have been unjustly denied, or cut off from, anticipated or existing health coverage; what other insurance providers may be able to learn from this case as regards their existing systems, oversight procedures, and safeguards, especially as they pertain to eligibility determinations.
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Recent Biden administration action regarding prescription drug prices; what’s ahead for drug prices; whom pricing changes will most affect; related implications for pharmaceutical companies and for insurance plans.
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Health insurance coverage for employees who are on extended leave; obligations, rights, and options on the part of either the employer or the employees in these instances; laws that may apply in these situations; any cautionary tales that may illustrate how best to navigate these issues and head off misunderstandings regarding continued insurance coverage.
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The U.S. Food and Drug Administration’s rejection of the use of the psychedelic drug MDMA (midomafetamine) to treat post-traumatic stress disorder (PTSD); basis for the FDA’s decision; what lessons companies involved in MDMA-related work should take from the FDA’s action; how MDMA is regarded under state or federal law; any other regulatory actions of note regarding psychedelic drugs.
Related information:
https://www.usnews.com/news/health-news/articles/2024-08-12/fda-says-no-to-mdma-as-therapy-for-ptsd
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The fact that increasing attention is being paid in some quarters to issues involving menopausal women in the workforce; concerns that are being raised, and by whom; whether times are changing in terms of an openness to discuss this matter as it pertains to the workplace; how employees or employers may be, or should be, thinking about related health benefits, employer-provided health plans, time-off policies, discrimination risks, workplace accommodations, and more; any applicable state or federal laws or proposals that could strengthen existing rights or usher in new rights for women dealing with menopause.
Related information:
https://fortune.com/well/article/menopause-stigma-survey-women-workplace-ageism
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Compensation issues involving COVID-19 vaccination appointments, workplace health screenings, or measures related to other viruses and risks of their transmission in the workplace; related lawsuits over compensation for time that employees spend on these processes; what employers should know about applicable state or federal labor laws and potential pitfalls pertaining to the tracking and recording of employee time and related compensation; any noteworthy lawsuits, verdicts, or settlements covering any of these points; how pre-shift demands on workers’ time continues to be a hot-button (and often costly) issue for employers.
Related information:
https://www.hrdive.com/news/walmart-settle-class-action-wage-claims-pre-shift-covid-checks/721939
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A lawsuit against Wells Fargo over alleged mismanagement of its employee health insurance plan; core allegations at the heart of the lawsuit; how pharmacy benefit managers’ role is part of this lawsuit; what employers should know about their obligations under the Employee Retirement Income Security Act (ERISA); related legal or regulatory trends involving employer-sponsored health plans; best practices for employers looking to minimize costs without jeopardizing employee well-being.
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Retiree health insurance benefits; potential pitfalls or misunderstandings, on the part of either employers or their current or former employees; practical guidance on communicating benefit information and minimizing conflicts and liability risks involving employee rights, available benefits, and eligibility criteria.
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New or proposed state or federal heat standards for workers; related worker protections, and employer obligations and liability risks; best practices for employers for complying with existing heat standards or preparing for forthcoming or anticipated heat standards; whether recent U.S. Supreme Court rulings are likely to undercut the Occupational Safety and Health Administration’s proposed implementation of a national heat standard; how employers may want to address heat illness risks even in the absence of state or federal requirements.
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Religious discrimination claims related to mandatory workplace vaccination policies (whether involving COVID-19 or other health risks); how courts have ruled regarding these types of claims; how employers can best anticipate and perhaps head off religious objections to workplace vaccination policies; related pitfalls to avoid when formulating and implementing workplace health and safety policies.
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How the U.S. Supreme Court’s overturning of the ‘Chevron’ doctrine is already having an impact on health care and insurance matters; what to know about a a Mississippi federal judge’s blocking of anti-discrimination rules involving health care for transgender individuals; what an injunction imposed by U.S. District Judge Louis Guirola may mean for equal access to health care; likely next steps in the legal battle over the anti-discrimination protections.
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A Texas federal judge’s ruling in a case involving medical providers’ use of online tracking technologies; basis for the judge’s ruling; what the court’s decision means for the U.S. Department of Health and Human Services, the healthcare industry, patients, third parties’ use of website visitors’ data, and legal actions or liability risks over privacy concerns stemming from the use of tracking technologies.
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The spread of H5N1 bird flu (in the region of your choice); how local, state, or federal authorities are responding to the outbreak; how officials’ response to the COVID pandemic may shape the response to H5N1, as well as the public’s perception of it; potential health risks for workers in the agricultural industry, and associated liability risks for their employers; what agricultural operations should know about the potential for H5N1-related inspections and testing on their property; prospects of vaccinations (voluntary or mandated) as a counter-offensive to bird flu; recommended or required workplace safety policies.
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A recent federal appeals court ruling regarding certain Affordable Care Act requirements; the ruling’s potential implications for insurers, healthcare providers, and access to preventive care; prospects for this case winding up before the U.S. Supreme Court; longer-range implications for federal health entities’ authority.
Related information:
https://www.ca5.uscourts.gov/opinions/pub/23/23-10326-CV0.pdf
https://www.cnn.com/2024/06/21/politics/appeals-court-aca-no-cost-preventive-care/index.html
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The U.S. Supreme Court’s June 13 ruling in a challenge to the U.S. Food and Drug Administration’s handling of mifepristone; key issues regarding standing; other actions being considered or already in motion by reproductive rights opponents, whether in the courts or otherwise, to restrict access to mifepristone as a form of abortion.
Related information:
https://www.supremecourt.gov/opinions/23pdf/23-235_n7ip.pdf
https://apnews.com/article/supreme-court-abortion-mifepristone-fda-4073b9a7b1cbb1c3641025290c22be2a
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A Hawaii ruling against Bristol Myers Squibb and three U.S.-based subsidiaries of French pharmaceutical company Sanofi in a case involving the blood thinner Plavix; underlying allegations regarding the efficacy and marketing of Plavix; state consumer protection laws at issue in this case; related litigation over Plavix; and perhaps a wider-angle look at consumer protection laws and how they differ from state to state as they apply to drug safety. Also, are there any useful comparisons to be drawn between this case and any legal disputes involving medications whose effects may differ according to gender (rather than according to ethnicity, as alleged in the Plavix case)?
Related information:
https://apnews.com/article/hawaii-plavix-court-order-penalty-b81fb006c2c6f801255e189016b33215
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A June 5 announcement by the U.S. Environmental Protection Agency regarding a proposed rule aimed at protecting workers and consumers from exposure to the solvent n-methylpyrrolidone (NMP); the EPA’s reasons for a proposed ban on this item; products or industries where this solvent is commonly used; potential implications for manufacturers or employers; what else to know about the Toxic Substances Control Act and the EPA’s rulemaking process.
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